Acts and Regulations

2017, c.18 - Local Governance Act

Section 47
Disposition versions

Full text
Deemed by-law determining composition of council
47(1)If the composition of a council is determined in a regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits of the local government,
(a) the composition of the council as determined in the regulation shall be deemed to be the composition of the council determined by a by-law of the council made under subsection 43(2) or 44(2), as the case may be, and the composition of the council as determined by the regulation shall remain in effect until four years have elapsed from the making of the regulation, and
(b) no by-law made under subsection 43(2) or 44(2), as the case may be, respecting the composition of the council shall have any effect until four years have elapsed from the making of the regulation.
47(2)If a council does not make a by-law under the authority of subsection 43(2) or 44(2), as the case may be, to take effect after the expiration of the four-year period referred to in subsection (1), the composition of the council determined in the regulation shall be deemed to be the composition of the council determined by by-law of the council until the local government makes a by-law under the authority of subsection 43(2) or 44(2), as the case may be, determining the composition of the council.
47(3)Despite subsection (1), after being petitioned by a council, the Minister may, within the four-year period referred to in that subsection, approve a by-law made by the council in which the composition of the council differs from the composition of the council determined under the regulation referred to in that subsection.
Deemed by-law determining composition of council
47(1)If the composition of a council is determined in a regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits of the local government,
(a) the composition of the council as determined in the regulation shall be deemed to be the composition of the council determined by a by-law of the council made under subsection 43(2) or 44(2), as the case may be, and the composition of the council as determined by the regulation shall remain in effect until four years have elapsed from the making of the regulation, and
(b) no by-law made under subsection 43(2) or 44(2), as the case may be, respecting the composition of the council shall have any effect until four years have elapsed from the making of the regulation.
47(2)If a council does not make a by-law under the authority of subsection 43(2) or 44(2), as the case may be, to take effect after the expiration of the four-year period referred to in subsection (1), the composition of the council determined in the regulation shall be deemed to be the composition of the council determined by by-law of the council until the local government makes a by-law under the authority of subsection 43(2) or 44(2), as the case may be, determining the composition of the council.
47(3)Despite subsection (1), after being petitioned by a council, the Minister may, within the four-year period referred to in that subsection, approve a by-law made by the council in which the composition of the council differs from the composition of the council determined under the regulation referred to in that subsection.